Queensland’s Compensation Laws
Sustaining an injury in the workplace, in a Motor Vehicle Accident and/or in a Public Place may place you and your family in a hard finical situation. To ease the stresses that an injury can cause you must know that help is available for you and by following the prompts below this can provide you with some general information specific to your state of injury to make you aware of the process and a guidance to what you may be entitled to and your legal rights after injuring yourself.
Workers Compensation Injury Law
QLD’s main provider of workers’ compensation insurance for Queensland employers since 1997. See www.worksafe.qld.gov.au.
Who can claim QLD Workers Compensation?
To claim Workers Compensation in the state of Queensland you have to be identified as a Queensland Worker and you have to sustain a workplace injury in Queensland.
Do I have a limitation date to claim QLD Workers Compensation?
Yes, you have three (3) years for your date of injury to pursue a Queensland Workers Compensation Claim. Your claim may be become statue barred if outside of this three year limitation.
What are my legal entitlements for compensation?
To receive any entitlements for workers compensation you must first notify our employer of the accident and an injury have been sustained as a result. Thereafter, you need to lodge your claim with your employer’s insurance company along with a medical certificate from your doctor. After your Queensland Workers Compensation Claim is accepted by your employer’s insurance company, your legal entitlements may include:
• Reimbursement for your medical and out of pocket expenses if they all relate to your workplace injury and you have kept receipts’ and/or documentation.
• Your wages being paid directly to you while off work.
What are my legal rights to pursue a Queensland Common Law Claim
To pursue a Queensland Common Law Claim you have to establish that your workplace accident was caused by someone else’s negligence. If negligence is not established then you may not be in a position to claim workers compensation.
What are the benefits to me pursuing a Common Law Claim?
Pursuing a Common Law Claim is beneficial for injured people of Queensland as the insurance company ONLY produces their compensation payable to you by a computer. They do not take your past and future losses into account as well as pain and suffering, therefore your compensation is limited. Pursuing a Queensland Common Law Claim is through the legal system and assists with getting you a payout for the following:
• Past and future financial losses
• Past and future medical expenses
• Past and future out of pocket costs
• Pain and suffering
Motor Vehicle Accident Compensation Injury Law
Who is entitled to claim for a QLD Motor Vehicle Accident Claim?
An individual who has been injured involved in a Motor Vehicle Accident or from a car accident, whether you where the pedestrian, driver or the passenger may claim for a compensation if it occurred in the state of Queensland.
What are my legal limitation periods to claim compensation for my injuries
You must lodge your claim within nine (9) months from your date of accident. If it is outside the nine months then you may be entitled to lodge your Notice of Accident Claim with a reason for the delay.
In Queensland, you have three (3) years from your date of accident to lodge a claim for a Motor Vehicle Accident Claim. Your claim may be statue barred if you are seeking to lodge your claim after the three year period.
If your case was a hit and run accident you can still claim through a Government scheme (Nominal Defendant Claim).
What Forms do I have to complete?
For a Queensland Motor Vehicle Accident Claim you have to complete the Notice of Accident Claim Form. This can be obtained by your insurance company and your Queensland Motor Vehicle Accident Lawyer.
What if I was at fault or partially at fault for the accident?
If you were at fault for the Motor Vehicle Accident and you only have Third Party Insurance then you may not have any entitlements to claim compensation for your injury. If you have Full Comprehensive Insurance than you may be able to lodge a claim through your insurance company and receive compensation for your injuries.
If you were found to be partially at fault your compensation entitlements may be reduced and you may not be entitled to pursue a Common Law Claim.
What is my legal entitlement if I was travelling between work hours?
If you sustained an injury from being involved in a car accident whether you where on your way to or from work and during work hours, then you may claim compensation through your employers insurance company for the losses you have sustained. This may not affect your employer and it is your legal right to do so.
What should I do after the Motor Vehicle Accident?
You should take down as many details as possible such as:
• Where the accident took place
• Details of the other driver and their vehicle
• Details of any witnesses
• Contact the police with two business days
• Keep diary entries of any injuries sustained and how they have been affecting you.
Taking down this vital information will help you further to claim compensation as you need the relevant information to substantiate your case. Please note being hesitant to contact the police will affect your ability to claim compensation.
Common Law Claim benefits – Obtain Legal Advice
After sustaining injuries in a Motor Vehicle Accident it is VERY important to look ahead into the long term. Lodging a claim with the other party’s insurance company will pay for immediate attention to your expenses such as hospital costs, medication and paying your wages while off work. Pursuing a Common Law Claim doesn’t interfere with receiving compensation from the insurance company it will come into affect at the end of your Motor Vehicle Accident Claim providing you with a payout for you losses such as:
• Past and future medical and out of pocket expenses
• Past and future economic loss
• Pain and suffering
To pursue a Common Law Claim DO NOT accept the offer from your insurance company. If you do, you will lose all your legal rights to be compensated in the future and legal right to a Common Law Claim.
Public Liability Compensation Injury Law
What is a Public Liability Claim?
A Public Liability Claim is an injury sustained in a public place caused by the fault of someone else. They can be the following:
• Slip and falls in a public place such as shopping centres, retail shops, cafes, council property etc
• Accidents on planes and boats
• Accident at school and sporting events
• Injuries due to defective products
Who can claim for QLD Public Liability?
An individual who has sustained a personal injury in a public place caused by the negligence of another person or business in the state of Queensland.
What are my limitation periods to claim compensation for my injuries
You have Three (3) years from the date of injury to commence proceedings for a public liability claim. You will not be able to claim outside of this period even if it is by one day. You also have one (1) month from consulting a solicitor to lodge a Queensland Public Liability claim.
What should I do legally after the injury?
• You should immediately report the accident to the person at fault or to the appropriate business
• You should photos of where the accident occurred and of your injuries if physical
• Keep a diary if your injuries and how they are affecting you
• Lodge a claim with the negligent person’s insurance company. This can be done by completing a PIPA Form (Personal Injury Proceedings Act).
What are my Common Law Claim entitlements
You may be entitled to pursue a Common Law Claim is negligence is established. It is very important to seek negligence for your injuries sustained so you may claim compensation for your pain and losses. Therefore after, pursuing a Common Law Claim can help compensate you for:
• Past and future expenses that can involve your medical and out of pocket expenses
• Past and future economic losses
• Lump sum payout for permanent impairment
• Pain and suffering
Pursuing a Common Law Claim for your injuries arising from a Public Liability Claim in Queensland can really the healing process and help you financially and emotionally, as you do have the support and guidance to get what you’re legally entitled to.